- 1 - NC: 2025:KHC:13332 CRL.P No. 4025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4025 OF 2025 BETWEEN: 1. CHINNASWAMY S/O. KAMASHETTY AGED ABOUT 40 YEARS. 2. KANTHAMMA W/O LATE RAMA AGED ABOUT 55 YEARS. 3. MAHESH S/O KAMASHETTY AGED ABOUT 30 YEARS. 4. MAMATHA W/ O MAHESH AGED ABOUT 26 YEARS. ALL ARE RESIDENTS OF UTTAMBALLI VILLAGE, KOLLEGALATALUK CHAMARAJANAGAR - 571 127. …PETITIONERS (BY SRI. SHARATH J M.,ADVOCATE) AND: STATE OF KARNATAKA BY MAMBALLI POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13332 CRL.P No. 4025 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST WHO IS THE ACCUSED NO.1 TO 4 IN CR.NO.22/2025 ON THE FILE OF RESPONDENT MAMBALLI POLICE STATION, NOW PENDING ON CIVIL JUDGE AND JMFC COURT, YALLANDUR CHAMARAJANAGARA DISTRICT FOR THE OFFENCE P/U/S 329(4), 75, 118(1), 115(2), 351(2), 3(5) OF BNS, 2023 IN RESPECT OF THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 4 in Crime No.22/2025 registered by Mamballi Police Station, Chamarajanagra District for the offences punishable under Sections 329(4), 75, 118(1), 115(2), 351(2) R/w 3(5) of BNS, 2023 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.22/2025 was registered by Mamballi Police Station, Chamarajanagra District against the petitioners herein for the aforesaid offences on the basis of first information dated 11.02.2025 received from - 3 - NC: 2025:KHC:13332 CRL.P No. 4025 of 2025 Smt. Shashikala W/o Mahesh. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.70/2025 before the jurisdictional Sessions Court which was rejected on 06.03.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that present criminal case has been registered as counter to FIR in Crime No.21/2025 registered against Mahesh and his wife Smt. Shashikala and others based on the first information submitted by Chinnaswamy, who is accused No.1 herein. The petitioners are agriculturists having no criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of three years. Accordingly, he prays to allow the petition. 5. Learned HCGP has opposed the petition. 6. Perusal of the material made available to this Court would go to show that, FIR in Crime No.21/2025 was registered by Mamballi Police Station, Chamarajanagara District against Mahesh, Shashikala and 7 others, based on the first information submitted by - 4 - NC: 2025:KHC:13332 CRL.P No. 4025 of 2025 Chinnaswamy, who is accused No.1 in the present case. The present FIR has been registered against Chinnaswamy and others, based on the first information submitted by Smt. Shashikala w/o Mahesh. Undisputedly, the petitioners' have no other criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of three years. The petitioners who are agriculturists by avocation have undertaken to appear before the Investigation Officer for the purpose of investigation. Therefore, I am of the opinion that the petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. 7. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.22/2025 registered by Mamballi Police Station, Chamarajanagra District for - 5 - NC: 2025:KHC:13332 CRL.P No. 4025 of 2025 the offences punishable under Sections 329(4), 75, 118(1), 115(2), 351(2) R/w 3(5) of BNS, 2023 subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co- operate with the Police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS